Pursuant to Fed. R. CIV. P. 23(e), the Court finds that the Settlement embodied in the Settlement Agreement is fair, reasonable, and adequate to the Plan and the Settlement Class, and more particularly finds that:
Pursuant to Fed. R. Civ. P. 23(e), the terms of the Agreement (and the Settlement provided for therein) are preliminarily approved and likely to be approved at the Final Approval Hearing because:
Pursuant to Fed. R. Civ. P. 23(e)(1)(B), based on “the parties’ showing that the court will likely be able to (i) approve the proposal[s] under Rule 23(e)(2); and (ii) certify the 2 For the avoidance of doubt, the Columbia University “Officers” excluded from the Class are members of the Senior Administration of Columbia University, and do not include exempt employees of Columbia University who are referred to as officers. class for purposes of judgment on the proposal[s],” the Court hereby preliminarily approves the Settlements, as embodied in the Settlement Agreements between Plaintiffs and the Settling Universities.
Pursuant to Fed. X. Xxxx. P. 11(c)(1)(C) and subject to the full, truthful, and continuing cooperation of the defendant and its related entities, as defined in Paragraph 13 of this Plea Agreement, the United States and the defendant agree that the appropriate disposition of this case is, and agree to recommend jointly that the Court impose, a sentence requiring the defendant to pay to the United States a criminal fine of $107,923,572, pursuant to 18 U.S.C. § 3571(d), payable in full before the fifteenth (15th) day after the date of judgment (“the recommended sentence”). The parties agree that there exists no aggravating or mitigating circumstance of a kind, or to a degree, not adequately taken into consideration by the U.S. Sentencing Commission in formulating the Sentencing Guidelines justifying a departure pursuant to U.S.S.G. § 5K2.0. The parties agree not to seek at the sentencing hearing any sentence outside of the Guidelines range nor any Guidelines adjustment for any reason that is not set forth in this Plea Agreement. The parties further agree that the recommended sentence set forth in this Plea Agreement is reasonable.
Pursuant to Fed. R. Civ. P. 23, the Court hereby approves and confirms the settlement embodied in the Settlement Agreement as being a fair, reasonable and adequate settlement and compromise of the Action, adopts the Settlement Agreement as its judgment, and orders that the Settlement Agreement shall be herewith effective, binding, and enforced according to its terms and conditions.
Pursuant to Fed. X. Xxxx. P. 11(c)(1)(B OR C) and subject to the full, truthful, and continuing cooperation of the defendant, as defined in Paragraph 13 of this Plea Agreement, [if a Fed. X.
Pursuant to Fed. R. Evid. 502(d), the production of any documents, electronically 20 stored information (ESI) or information, whether inadvertent or otherwise, in this proceeding shall not, for the purposes of this proceeding or any other federal or state proceeding, constitute a waiver by the producing party of any privilege applicable to those documents, including the attorney-client privilege, attorney work-product protection, or any other privilege or protection 25 AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND [PROPOSED] ORDER PAGE - 7 26 (Case No. 2:23-CV-01468-JCC) 1 recognized by law. This Order shall be interpreted to provide the maximum protection allowed 2 by Fed. R. Evid. 502(d). The provisions of Fed. R. Evid. 502(b) do not apply. Nothing contained 3 herein is intended to or shall serve to limit a party’s right to conduct a review of documents, ESI 4 or information (including metadata) for relevance, responsiveness and/or segregation of 5 privileged and/or protected information before production. Information produced in discovery 6 that is protected as privileged or work product shall be immediately returned to the producing 7 party. 8 Dated: December 15, 2023 XXXXXX, XXXXXXXXXX & XXXXXXXXX LLP 9 By: s/Xxxx X. Xxxxxx Xxxx X. Xxxxxx (WSBA No. 18370) 10 xxxxxxx@xxxxxx.xxx 000 Xxxxx Xxxxxx, Xxxxx 0000 11 Seattle, WA 98101 12 Facsimile: +0 000 000 0000 13 SKADDEN, ARPS, SLATE, XXXXXXX & XXXX LLP By: s/Xxxxx X. Xxxxxxx 15 Xxxxx X. Xxxxxxx (Pro Hac Vice) Xxxxx.Xxxxxxx@xxxxxxx.xxx 00 Xxx Xxxxxx Xxxxxx, 000 X. Xxxx Street Wilmington, DE 19801 17 Telephone: +0 000 000 0000 Facsimile: +0 000 000 0000 18 Attorneys for Plaintiff PCF Insurance Services of the 19 West, LLC 20 24 25 AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND [PROPOSED] ORDER PAGE - 8 26 (Case No. 2:23-CV-01468-JCC) 1 Dated December 15, 2023 XXXXXX XXXXXX XXXXXXXX LLP 2 By: s/ Xxxxxxx X. Xxxxxx Xxxx Xxxxxx (WSBA No. 10665) 3 Xxxx Xxxxxxx (WSBA No. 19092) xxxxxxx@xxxxxxxxxxxx.xxx 0 0000 0xx Xxx., Xxxxx 0000 Seattle, WA 98104 XXXX XXXXXXXX LLP 7 By: s/ Xxxxxxx X. Xxxxx 8 Xxxxxxx X. Xxxxx (Pro Hac Vice) Xxxx X. Xxxxxx (Pro Hac Vice) Xxxxx Xxxxxx (Pro Hac Vice) 10 Xxxxxx X. Xxxxxxxx (Pending Pro Hac Vice) xxxxxxxxx@xxxxxxxxxxxx.xxx 00 0000 X Xx. XX Washington, DC 20036 12 Telephone: +0 000 000 0000 Facsimile: +0 000 000 0000 13 Attorneys for Defendants Xxxxx Xxxxxx and RI 14 Insurance Services, LLC 15 16 17 18 19 20 21 22 24 25 AGREEMENT REGARDING DISCOVERY OF E...
Pursuant to Fed. X. Xxxx. P. 11(c)(1)(C), the United States and Defendant agree that the appropriate disposition of this case is, and agree to recommend jointly that the Court impose, a sentence within the applicable Guidelines range requiring Defendant to: pay to the United States a criminal fine of Seventy Thousand Dollars ($70,000), payable in full before the thirtieth (30th) day after the date of judgment with interest accruing under 18 U.S.C. § 3612(f)(1)-
Pursuant to Fed. R. Civ. P. 23(e)(1)(B), based on “the parties’ showing that the court will likely be able to (i) approve the proposal[s] under Rule 23(e)(2); and (ii) certify the class for purposes of judgment on the proposal[s],” the Court hereby preliminarily approves the Settlements, as embodied in the Third Tranche Settlement Agreements between Plaintiffs and the Settling Universities.
Pursuant to Fed. R. Civ. P. 23(h), Defendant agrees that Class Counsel shall be entitled to an award of reasonable attorneys’ fees and costs out of the Settlement Fund in an amount determined by the Court as the Fee Award. Plaintiff will file a motion with the Court prior to the Final Approval Hearing requesting a Fee Award not to exceed one-third of the Settlement Fund. Payment of the Fee Award shall be made from the Settlement Fund and should the Court award less than the amount sought by Class Counsel, the difference in the amount sought and the amount ultimately awarded pursuant to this Paragraph shall remain in the Settlement Fund for distribution to eligible Settlement Class Members.
